Dasharath Das v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16570 of 2017 ====================================================== Dasharath Das, Son of Late Ram Pal Das, resident of Village Das Tola, Parbatta Tola, P.S. Parbatta, District- Khagaria. ... ... Petitioner/s
Versus
1. The State of Bihar, through Principal Secretary, Department of Excise, Government of Bihar, Patna.
2. The District Magistrate, Khagaria.
3. The Superintendent of Police, Khagaria.
4. Officer-in-charge, Parbatta, District- Khagaria. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Prasad Singh For the Respondent/s :
Mr. ANIL KUMAR SINHA -GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 24-11-2017 Having heard learned counsel for the parties, we find that the house of the petitioner has been sealed by the police officials in connection with Parbata P.S. Case No. 254 of 2017 registered for the offences under the Bihar Prohibition and Excise (Amendment) Act, 2016.
It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings properties have been directed to be released by this Court on various conditions and we see no reason to make a deviation in the present case.
In view of the above, District Magistrate-cum-
Patna High Court CWJC No.16570 of 2017(2) dt.24-11-2017 2/2 Collector, Khagaria, is directed to ensure that the house in question mentioned hereinabove, is unsealed and possession handed over to the petitioner forthwith, in connection with the aforementioned case, on his furnishing two surety bonds to the satisfaction of District Magistrate-cum-Collector, Khagaria subject to the condition that the petitioner shall not alienate or deal with the house in question in any manner so as to prejudice the right of the State in confiscation proceeding. With the aforesaid, this application is disposed of. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U